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Q: Breech of Contract Statute of Limitations ( Answered,   0 Comments )
Subject: Breech of Contract Statute of Limitations
Category: Reference, Education and News > General Reference
Asked by: toocleverforyou-ga
List Price: $10.00
Posted: 05 Oct 2005 21:54 PDT
Expires: 04 Nov 2005 20:54 PST
Question ID: 576981
I am the claimant in a breech of contract dispute being resolved
by commercial arbitration rules through the American Arbitration
Association.  New York arbitration law will govern the process.  What
is the statute of limitations to file my claim?
Subject: Re: Breech of Contract Statute of Limitations
Answered By: weisstho-ga on 06 Oct 2005 17:22 PDT
Hello, Clever. 

The easy answer is that the period of limitation for actions in
contract is six (6) years. My colleague, expertlaw, has a very nice
site that sets forth the New York statutes:

Being Clever, I'm sure you have reviewed the American Arbitration
Ass'n website which is fantastic:

There is nothing directly disclosed by the AAA as to "periods of
limitation" and the default rule would be the governing rule of law in
the state that has jurisdiction over the dispute - New York, as you

Now, what else might govern this issue?  The agreement itself - the
agreement that sets forth the requirement to arbitrate in lieu of a
civil action.

Many times the agreement (contract) will contain a limitation period
substantially shorter than the period permitted under law or court
rule. For example, Microsoft requires that certain contractual
disputes be brought within one year.

An interesting question for we law nerds would be whether the
statutory period (6 years in this example) would remain if the
arbitration period would be artificially limited to a shorter period.
An argument (though not a great one) could be made that the right to a
judicial remedy would remain.

May I suggest that you not tarry in filing your claim. There are many,
many reasons for proffering such advice, and no need to lay them out
here. Suffice it to say that there are substantial risks in delay -
once your claim is ripe (both legally and informationally) you are
always wise to "get-r-done."

I hope this does the trick - please hit the clarification button if
there is ANYTHING else you need.

And, Good Luck in your action!



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